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As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposed

By Mitchell H. Rubinstein

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Mason v Board of Fire Commissioners of Jericho Fire District, 2010 NY Slip Op 04199, Decided on May 11, 2010, Appellate Division, Second Department A disciplinary hearing officer found volunteer firefighter Keith Mason guilty of seven charges of misconduct and...

Full post as published by Adjunct Law Prof Blog on July 20, 2010 (boomark / email).

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As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposed

Penalty imposed remanded to appointing authority for reconsideration after court vacates findings of guilt with respect to 2 of 5 disciplinary charges

Disciplinary settlements

Appointing authority directed to set a new disciplinary penalty after court vacates a finding of guilt on one of two specifications

Arbitrator's offering the appointing authority a choice of two definite penalties does not render the final award indefinite

Appellate Division lacked discretionary authority to vacate the disciplinary penalty imposed by the appointing authority

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